i have filed a criminal complaint under metropolitan magistrate in dwarka court delhi under section 420,467,468,406,471/34 of i.p.c. accompanied with application under section 156(3)c.r.p.c against the accused who sold the same property which was already sold to me by their father through irrecovable gpa with consideration. after their father's death in mutation the property came on their lr's name which they sold to other person knowing i m the owner but the problem is sir court has not filed case against purchaser of the plot but only seller are filed under section 467 and 34 why court has not filed case against purchaser and how to involve they in the criminal case..bcoz in real picture of this case all 4 have planned and executed sell-deed in their favour..on my plot fencing was done,gate was installed, name plate was as there, they know everything about the plot they i m the owner. what i can do against purchaser. thanks
Asked 3 years ago in Property Law from New Delhi, Delhi
you have to file civil proceedings too against the sellers . make purchasers a party to the proceedings .
iif in criminal complaint you had made allegations of criminal conspiracy against sellers and purchaser then court would have directed police to investigate their role . it all depends upon averments made in criminal complaint filed by you . in complaint it has to be specifically mentioned that on your plot fencing was erected , gate installed , name plate was displayed and that purchaser was fully aware that the sellers were not owners of the plot
If the matter is still under investigation, then you may include the role of the purchaser in your statements under section 161 CrPC.
After completion of the investigation, you may include the role of the purchaser in your statements before the court. Once the allegations are included in your court statements, your lawyer may move an application under section 319 CrPC to add the purchaser as an accused party.
Hi, it it better you have to file civil case that is the appropriate remedy......in criminal case if the case is proved they will be punished as per the provisions of IPC.....in order to retain the property you have to file civil suit declare that you become the absolute owner by virtue of sale deed.
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Advocate, New Delhi
File a private complaint against the purchasers after collecting evidence and if done already then question the order of the magistrate for not registering the case in higher court. Consult a competent lawyer in your locality.
A property cannot be sold by any one except the owner. In your case the seller ceased to be the owner the moment the transaction of sale with you was complete. Hence, he could not have sold the property already sold to you.
Did you make the buyer a party to the case that you had filed in the court of the Metropolitan Magistrate? If yes, then the court should have proceeded against him also subject to recording a satisfaction of his culpability in the crime. On what grounds has the court refused to proceed against him?
You may challenge in the High Court the order of the magistrate inasmuch as he has not proceeded against the subsequent purchaser. The grounds of refusal need a threadbare perusal before any concrete opinion may be formed as to the viability of an appeal being filed against the order.
Apart from the criminal proceedings which you have already initiated against the seller and the purchaser you need to file a civil case for validating your ownership rights in the property.
sir i have filed case against both the seller who are son's of main owner from whom plot was transfered to me through irrecovable gpa with consideration and also i have filed case against both the purchaser but in court case is going further against seller only not the purchaser i don't know y. what i can do against purchaser bcoz in real picture all 4 have planned and done this fraud.
Asked 3 years ago
one purchaser is a local property dealer in the same area where is the property situated and his cousin who is constable in delhi police both are purchaser of same property which is mine.
Asked 3 years ago
Challenge in the High Court the order of the magistrate dropping the proceedings against the buyer.
it is necessary to go through averments made in criminal complaint to advise . you have not mentioned whether in criminal complaint you have alleged that sellers and purchases have acted in collusion with each other . if you have filed case against the purchaser what is the stage of proceedings ? you have stated that you made application under Section 156(3) also . whether cops have submitted their report .
13th march now in today's court hearing again arguments are done and completed and there after judge told us to wait till evening for orders against accused person's then in evening judge told us today it will not be possible due to work and he gave us 19th march next date for orders. very short date so i want to know once orders passed by jugde what are further procedure in criminal case to complete the whole case.
Asked 3 years ago
wait for orders to be passed by court . without going through the order passed by Magistrate it would be difficult to decide your next course of action . if your are aggrieved by the order you can challenge the said order .
Wait till 19th March when the judge would pass his order. Without perusing the order it cannot be said what should be the further recourse. If the order goes against you then you may challenge it in accordance with the law.
Hi, you have to wait what order has been passed by the court.